Covering Labor Relations With Labor Contracts

In March 2013, Chen worked as a doorman for a construction company. The labor service agreement signed by both sides specified the labor relationship between the two sides. The agreement: the company entrusting Chen to undertake the order of the entry and exit company according to its own needs, and the company has the right to terminate the labor contract at any time without any compensation. The wage standard is 33 yuan per day. In November 26, 2015, the company proposed to terminate labor relations with Chen, telling Chen not to come to work tomorrow, and to settle the wages of the month. Chen believes that his salary is lower than the local minimum wage standard and requires the company to make up for it. The company is not based on both sides. Labor relations Without the adjustment of labor law, Chen rejected his request.

Comment: Chen signed with the company though Service contract However, both sides are qualified for establishing the main body of labor relations. Chen provides labor in the company's Posts and accepts labor management of the company, and the company pays labor remuneration to Chen on a monthly basis. The employment agreement signed by both parties is labelled as labor relations, but it does not affect the nature of the labor relations actually established by both sides. Accordingly, Chen can ask the company to make up the difference in the minimum wage. Due to insufficient payment of the company Labor remuneration Even if Chen takes the initiative to terminate the labor contract, he can ask the company to pay economic compensation.

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To be frank, the accusation of "labor touching porcelain" is unreasonable. In general cognition of the "touching porcelain" incident, most of the "porcelain touching" people are behaved in accordance with rules and regulations, while those who "touch porcelain" are looking for things to gain benefits; however, the "labor touch porcelain" is obviously not the case. Since you are in violation of the law, why can employees not claim compensation in accordance with the law?

Yes, "professional rights holders" have some discussions in the moral field, but compared with the illegal activities of enterprises, moral defects can be ignored. Instead of complaining about other people's "touch porcelain", why do not they want to improve the enterprise system and put an end to labor risks? On the one hand, they want to reduce the cost of enterprises by illegal acts, but on the other hand, they turn around to accuse others.

In my opinion, the "labor touch porcelain" or the "professional activist" in the accusation are essentially the same as those of Wang Hai and other professional counterfeiting people. Why is the public opinion most of the praise of Wang Hai and other professional fraud, the "occupational rights" in the labor contract is rather disdain? The reason is that the society has formed an atmosphere to resist the counterfeit and shoddy, but the protection of the rights and interests of workers is still a long way to go.

Whether reasonable or unreasonable, enterprises must have the right to blame and complain, but the government needs to balance the interests of workers and employers. If we admit that "the labor contract law is very inadequate to protect enterprises, and ultimately will harm the interests of workers", similarly, the lack of protection of workers' interests will ultimately hurt the interests of enterprises. One angle of economic spanformation is to come out from the economic mode of "low labor cost".

When the labor contract law came into effect in 2008, China's economic environment is still in a trend of upward trend. The pressure of economic spanformation is not so large now. It is generally believed that all problems can be solved in the development. Now, the new normal economy of L is basically a foregone conclusion. Enterprises are infatuated with the "demographic dividend". It is inevitable that the labor contract law is not enough to protect enterprises.

According to different situations, it is necessary to make some amendments to the labor contract law within a scientific and reasonable scope so as to make them more suitable for the needs of the society. But what we need to be vigilant is to use this as an excuse to open the economic spanformation and reintroduce the low cost "demographic dividend" economic model again to the mainstream position.

For enterprises, the burden is not only on manpower cost, but also on production cost, tax cost and so on. Therefore, both the enterprise and the government should be careful to say "labor touch porcelain", and the labor contract law can not afford all the "evil".